council trusts cabinet - 29 october 2015 - sitting... · march 2015 submitted 22 september 2015...

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Name Summary of role /obligations / objectives Key Documents Trustees - Appointments and arrangements for re- appointment Note on the Current Status of Appointees Issues raised for Trustees to note/consider further. Lead Officers from RBWM for dealing with the Trust Date of last Annual Return + Officer Responsible for submission Category 1 – Charitable Trusts Royal Borough Recreational Trust No – 308246 OBJECTS - To provide or to assist in providing facilities for recreation or other leisure time occupation in the interests of social welfare for the benefit of the inhabitants of the RBWM OLD NAME – The Maidenhead Recreational Centre Trust ARRANGEMENT - RBWM as LA is the Freeholder of the land occupied by the Magnet Leisure Centre and has granted a Lease to RBWM as Trustee for a 99 lease with effect from 1/Nov/1971 Changed name and widened remit with effect in 1991 1 st Nov 1971 – Trust Deed 19th Sept 1975 – Scheme varied to reflect built MLC facility 18th Mar 1985 – Lease between RBWM as LA and RBWM as Trustee signed 15th April 1991 – Supplemental Deed to reflect change of name and widen remit of the Trust Members of Cabinet Cabinet confirmed as acting on behalf of Council at Cabinet October 2005. No concerns raised as at 21/10/15 Kevin Mist Annual Return for 31 March 2015 submitted 22 September 2015 Charitable Trusts where Cabinet is acting as Trustees on behalf of the Council. COUNCIL TRUSTS Members of Cabinet, acting as Trustees of the following Trusts, are asked to note their obligations as Trustees and to note that no issues which require their further consideration have been raised. The Annual Accounts for 2014/15 financial year for the Working Boys Club and the Kidwells Park Trust are attached for information. An annual return is submitted, via an online form, for both charities on the Charity Commission website. As in previous years, nil returns will be submitted, via the online form, for the Royal Borough Recreation Trust and Clewer Memorial Recreation Ground Trust as there has been no financial activity for those trusts. Appendix A - Extract from the Council's Annual Accounts To receive, for information only, a report on the management and administration of those Trusts where Cabinet acts as the Trustees. Part 7E of the Constitution provides advice to Members on their specific duties and responsibilities when acting as a Trustee. There is also further detailed guidance issued by the Charity Commission which helps Members to understand the role expected from them and to ensure that they don’t place themselves or the Authority in a difficult or inappropriate position by failing to fulfil their responsibilities fully. CABINET - 29 OCTOBER 2015 5

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Page 1: COUNCIL TRUSTS CABINET - 29 OCTOBER 2015 - sitting... · March 2015 submitted 22 September 2015 Charitable Trusts where Cabinet is acting as Trustees on behalf of the Council. COUNCIL

Name Summary of role /obligations /

objectives

Key Documents Trustees -

Appointments and

arrangements for re-

appointment

Note on the Current

Status of Appointees

Issues raised for

Trustees to

note/consider further.

Lead Officers

from RBWM for

dealing with the

Trust

Date of last Annual

Return + Officer

Responsible for

submission

Category 1 –

Charitable

Trusts

Royal Borough

Recreational

Trust

No – 308246

OBJECTS - To provide or to assist in

providing facilities for recreation or other

leisure time occupation in the interests of

social welfare for the benefit of the

inhabitants of the RBWM

OLD NAME – The Maidenhead

Recreational Centre Trust

ARRANGEMENT - RBWM as LA is the

Freeholder of the land occupied by the

Magnet Leisure Centre and has granted a

Lease to RBWM as Trustee for a 99 lease

with effect from 1/Nov/1971

Changed name and widened remit with

effect in 1991

1st Nov 1971 – Trust Deed

19th Sept 1975 – Scheme

varied to reflect built MLC

facility

18th Mar 1985 – Lease

between RBWM as LA and

RBWM as Trustee signed

15th April 1991 –

Supplemental Deed to

reflect change of name and

widen remit of the Trust

Members of Cabinet Cabinet confirmed as

acting on behalf of

Council at Cabinet

October 2005.

No concerns raised as

at 21/10/15

Kevin Mist Annual Return for 31

March 2015 submitted 22

September 2015

Charitable Trusts where Cabinet is acting as Trustees on behalf of the Council.

COUNCIL TRUSTS

Members of Cabinet, acting as Trustees of the following Trusts, are asked to note their obligations as Trustees and to note that no issues which require their further consideration

have been raised. The Annual Accounts for 2014/15 financial year for the Working Boys Club and the Kidwells Park Trust are attached for information. An annual return is submitted,

via an online form, for both charities on the Charity Commission website. As in previous years, nil returns will be submitted, via the online form, for the Royal Borough Recreation

Trust and Clewer Memorial Recreation Ground Trust as there has been no financial activity for those trusts.

Appendix A - Extract from the Council's Annual Accounts

To receive, for information only, a report on the management and administration of those Trusts where Cabinet acts as the Trustees.

Part 7E of the Constitution provides advice to Members on their specific duties and responsibilities when acting as a Trustee. There is also further detailed guidance issued

by the Charity Commission which helps Members to understand the role expected from them and to ensure that they don’t place themselves or the Authority in a difficult or

inappropriate position by failing to fulfil their responsibilities fully.

CABINET - 29 OCTOBER 2015

5

Page 2: COUNCIL TRUSTS CABINET - 29 OCTOBER 2015 - sitting... · March 2015 submitted 22 September 2015 Charitable Trusts where Cabinet is acting as Trustees on behalf of the Council. COUNCIL

Name Summary of role /obligations /

objectives

Key Documents Trustees -

Appointments and

arrangements for re-

appointment

Note on the Current

Status of Appointees

Issues raised for

Trustees to

note/consider further.

Lead Officers

from RBWM for

dealing with the

Trust

Date of last Annual

Return + Officer

Responsible for

submission

Working Boys

Club

No – 237922

OBJECTS - To provide or assist in the

provision of facilities in the interests of

social welfare for recreation or other

leisure time occupation of individuals who

have need of such facilities by reason of

their youth, with the object of improving

their conditions of life.

29th

Sept 1953 – Property

(No 22 Cookham Road)

was vested in Berks CC by

Charity Commissioners by

way of Scheme. Deed No

C/Z 475

1st June 1970 - Scheme

amended 20 May 2008.

In 2008 - 22 Cookham

Road was sold and the

proceeds (£614k) was

invested. The annual

income is used to provide

services for young people

at 4 Marlow Road.

Members of Cabinet Cabinet confirmed as

acting on behalf of

Council at Cabinet

October 2005.

No concerns raised as

at 21/10/15

Kevin Mist Annual Accounts/Return

for 31 March 2015

submitted 22 September

2015

Kidwells Park

Trust

No – 300178

(Ref 5/20/30)

Includes the site at No 4 Marlow Road –

which has a peppercorn rent.

Arrangement between RBWM as

Council/LA and RBWM as Trustee

OBJECTS – Public Park and Recreation

Ground.

The land occupied by Norden Farm

Centre for the Arts was placed in the

hands of The Kidwells Trust with a

stipulation that it could only be used as an

Arts Centre and is leased back to NFCT

on a 125 year lease.

23rd

July 1890 – Deed of

Gift

7th Nov. 1946 –

Conveyance

21st July 1971 - Scheme

Members of Cabinet No concerns raised as

at 21/10/15

Kevin Mist Annual Return for 31

March 2015 submitted 22

September 2015

The Clewer

Memorial

Recreation

Ground

No 300183

OBJECTS - Purposes of a public

recreation ground.Trust deed dated 13

th

March 1929 as amended by

a deed of exchange dated

11th

June 1969 and Minutes

of the meeting of Leisure

Services Board (LSB16/94

– 90) 14th

June 1994,

confirm. Exchange of

correspondence with the

Charity Commission 1994

confirms.

Members of Cabinet N/A - dormant Steve Anderson Annual Return for 31

March 2014 submitted on

5 March 2015

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Page 3: COUNCIL TRUSTS CABINET - 29 OCTOBER 2015 - sitting... · March 2015 submitted 22 September 2015 Charitable Trusts where Cabinet is acting as Trustees on behalf of the Council. COUNCIL

NOTES TO THE ACCOUNTS

52 Trusts and Other Entities

Bala

nce a

t

31s

t M

arc

h

20

14

Rece

ipts

in

Year

Paym

en

ts

/Tra

nsfe

rs

in Y

ear

Bala

nce a

t

31s

t M

arc

h

20

15

£'000 £'000 £'000 £'000

Local Enterprise Partnership (LEP) 3,659 811 147 4,323

Flexible Home Improvements Ltd (FHIL) 754 42 156 640

Kidwells Park Trust 386 8 1 393

RBWM Flood Relief Fund 218 11 42 187

Mayor's Benevolent Fund 37 1 4 34

Working Boys Club 666 21 16 671

Thames Valley Athletic Centre (1) 25 - 24

Other Trust Funds 1 - - 1

RBWM Commercial Services Ltd 458 5,264 5,772 (50)

Trusts Total 6,178 6,183 6,138 6,223

Thames Valley Athletics Centre

A sinking fund, created for the purpose of maintaining the athletics track and buildings, is invested on behalf of the TVAC Joint

Committee.

Other Trust Funds

There are five small trust funds, each with a balance of less than £500 at 31st March. These trust funds are the Sunningdale

Gravel Allotment Trust, Sunninghill Fuel Allotment Trust, D.E. Cooke, E Pasco and the Tester Award Drama Trusts. The last

three are school trust funds.

The trusts and other entities administered by the Council, do not form part of the accounts and are published here for information.

RBWM Commercial Services Ltd

Covanta RBWM Ltd, provided waste treatment and disposal services, was acquired by RBWM in February 2014 as a result of it's

American parent company Covanta Energy Corporation withdrawing from the UK waste market. As part of the process the name

of the company has been changed.

Local Enterprise Partnership (LEP)

The LEP was incorporated in December 2011 and pulls together key players across Thames Valley and Berkshire representing

education, employment and skills, SME and corporate enterprises, Local Authorities and the community sector.

Flexible Home Improvements Ltd (FHIL)

This company was incorporated in March 2008 for the purpose of making loans to homeowners thus improving private sector

housing. The company is initially funded by a grant from the Regional Housing Board and transfers amounts for subsequent loan

to local authorities in Berkshire, Buckinghamshire, Oxfordshire and Surrey.

Kidwells Park Trust

This Trust was established by J.M.Pearce who donated the land on which Kidwells Park and some surrounding buildings now

stand. The funds in the Trust, resulting from the sale of the College of Art in Marlow Road, Maidenhead to Berkshire County

Council, are temporarily invested pending agreement with the Charity Commissioners on their use for the provision of arts

facilities in Maidenhead.

Royal Borough of Windsor and Maidenhead Flood Relief Fund

Following approval from the Charity Commissioners, this Fund is the combination of funds established in 1949 to provide

essential relief measures in time of flood.

Mayor's Benevolent Fund

This Fund was established in February 1975 for general charitable purposes for the benefit of residents or persons working within

the Royal Borough.

Working Boys Club

This Trust received £613,000 on sale of 22 Cookham Rd, Maidenhead in 2008/09 and this has been invested in a fund to protect

its value and ensure a revenue stream to finance the activities of the charity. The objectives of the charity are to provide facilities

for youth in the borough with a preference for clubs and associations.

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